Citric Acid and Certain Citrate Salts From the People's Republic of China: Notice of Countervailing Duty Order, 25705-25706 [E9-12642]

Download as PDF Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices Room 1117 of the Main Commerce Building, for copies of an updated list of antidumping duty orders currently in effect. These orders are issued and published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: May 26, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–12645 Filed 5–28–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–822] Certain Frozen Warmwater Shrimp from Thailand: Notice of Extension of Time Limit for the Final Results of the Third Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: May 29, 2009. FOR FURTHER INFORMATION CONTACT: Kate Johnson at (202) 482–4929, or David Goldberger at (202) 482–4136, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. AGENCY: Background On March 9, 2009, the Department of Commerce (the Department) published a notice for the preliminary results of the administrative review of the antidumping duty order on certain frozen warmwater shrimp from Thailand covering the period February 1, 2007, through January 31, 2008. See Certain Frozen Warmwater Shrimp from Thailand: Preliminary Results of Antidumping Duty Administrative Review, 74 FR 10000 (March 9, 2009). The final results for this administrative review are currently due no later than July 7, 2009, 120 days from the date of publication of the preliminary results of review. mstockstill on PROD1PC66 with NOTICES Extension of Time Limit for the Final Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the final results of an administrative review within 120 days after the date on which the preliminary results are published. If it is not practicable to complete the review within that time period, section 751(a)(3)(A) of the Act allows the VerDate Nov<24>2008 17:24 May 28, 2009 Jkt 217001 Department to extend the deadline for the final results to a maximum of 180 days after the date on which the preliminary results are published. The Department requires additional time to complete this review because we conducted the sales verification after the preliminary results and, therefore, case and rebuttal briefs will not be received until May 29, 2009, and June 9, 2009, respectively. Thus, it is not practicable to complete this review within the original time limit. Therefore, the Department is extending the time limit for completion of the final results of this review by 60 days, in accordance with section 751(a)(3)(A) of the Act. The final results are now due no later than September 8, 2009. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: May 22, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–12573 Filed 5–28–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–938] Citric Acid and Certain Citrate Salts From the People’s Republic of China: Notice of Countervailing Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (‘‘ITC’’), the Department is issuing a countervailing duty order on citric acid and certain citrate salts (‘‘citric acid’’) from the People’s Republic of China (‘‘PRC’’). On May 22, 2009, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. See Citric Acid and Certain Citrate Salts from Canada and China, USITC Pub. 4076, Investigation Nos. 701–TA–456 and 731–TA–1151–1152 (Final) (May 2009). DATES: Effective Date: May 29, 2009. FOR FURTHER INFORMATION CONTACT: David Neubacher or Shelly Atkinson, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 25705 telephone: (202) 482–5823 and (202) 482–0116, respectively. Background On April 13, 2009, the Department published its final determination in the countervailing duty investigation of citric acid from the PRC. See Citric Acid and Certain Citrate Salts From People’s Republic of China: Final Affirmative Countervailing Duty Determination, 74 FR 16836 (April 13, 2009). On May 22, 2009, the ITC notified the Department of its final determination pursuant to section 705(b)(1)(A)(i) of the Tariff Act of 1930, as amended (‘‘the Act’’), that an industry in the United States is materially injured by reason of subsidized imports of subject merchandise from the PRC. See Citric Acid and Certain Citrate Salts from Canada and China, USITC Pub. 4076, Investigation Nos. 701–TA–456 and 731–TA–1151–1152 (Final) (May 2009). Scope of the Order The scope of this order includes all grades and granulation sizes of citric acid, sodium citrate, and potassium citrate in their unblended forms, whether dry or in solution, and regardless of packaging type. The scope also includes blends of citric acid, sodium citrate, and potassium citrate; as well as blends with other ingredients, such as sugar, where the unblended form(s) of citric acid, sodium citrate, and potassium citrate constitute 40 percent or more, by weight, of the blend. The scope of this order also includes all forms of crude calcium citrate, including dicalcium citrate monohydrate, and tricalcium citrate tetrahydrate, which are intermediate products in the production of citric acid, sodium citrate, and potassium citrate. The scope of this order does not include calcium citrate that satisfies the standards set forth in the United States Pharmacopeia and has been mixed with a functional excipient, such as dextrose or starch, where the excipient constitutes at least 2 percent, by weight, of the product. The scope of this order includes the hydrous and anhydrous forms of citric acid, the dihydrate and anhydrous forms of sodium citrate, otherwise known as citric acid sodium salt, and the monohydrate and monopotassium forms of potassium citrate. Sodium citrate also includes both trisodium citrate and monosodium citrate, which are also known as citric acid trisodium salt and citric acid monosodium salt, respectively. Citric acid and sodium citrate are classifiable under 2918.14.0000 and 2918.15.1000 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’), respectively. E:\FR\FM\29MYN1.SGM 29MYN1 25706 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices Potassium citrate and crude calcium citrate are classifiable under 2918.15.5000 and 3824.90.9290 of the HTSUS, respectively. Blends that include citric acid, sodium citrate, and potassium citrate are classifiable under 3824.90.9290 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. mstockstill on PROD1PC66 with NOTICES Countervailing Duty Order On May 22, 2009, in accordance with section 705(d) of the Act, the ITC notified the Department of its final determination that the industry in the United States producing citric acid is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports of citric acid from the PRC. Therefore, countervailing duties will be assessed on all unliquidated entries of citric acid from the PRC entered, or withdrawn from warehouse, for consumption on or after September 19, 2008, the date on which the Department published its preliminary affirmative countervailing duty determination in the Federal Register,1 and before January 17, 2009, the date the Department instructed U.S. Customs and Border Protection (‘‘CBP’’) to discontinue the suspension of liquidation in accordance with section 703(d) of the Act. Section 703(d) of the Act states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months. Therefore, entries of citric acid made on or after January 17, 2009, and prior to the date of publication of the ITC’s final determination in the Federal Register are not liable for the assessment of countervailing duties due to the Department’s discontinuation, effective January 17, 2009, of the suspension of liquidation. In accordance with section 706 of the Act, the Department will direct CBP to reinstitute the suspension of liquidation for citric acid from the PRC, effective the date of publication of the ITC’s notice of final determination in the Federal Register and to assess, upon further advice by the Department pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable 1 See Citric Acid and Certain Citrate Salts From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination, 73 FR 54367 (September 19, 2008). VerDate Nov<24>2008 17:24 May 28, 2009 Jkt 217001 subsidy rates for the subject merchandise as noted below. N.E. Lloyd Blvd., Suite 1100, Portland, OR 97232, or calling (503) 231–2149. Persons wishing to read the Recovery Net subsidy Plan can obtain an electronic copy (i.e., Exporter/Manufacturer rate CD-ROM) from Sharon Houghton by (percent) calling (503) 230–5418, or by emailing a request to TTCA Co., Ltd. (a.k.a. Sharon.Houghton@noaa.gov, with the Shandong TTCA Biochemistry Co., Ltd.) ............... 12.68 subject line ‘‘CD-ROM Request for Final Yixing Union Biochemical Co., ESA Recovery Plan for Lake Ozette Ltd.; and Yixing Union CoSockeye Salmon.’’ NMFS’ summary of generation Co., Ltd. .............. 3.60 and response to public comments on the Anhui BBCA Biochemical Co., draft Recovery Plan for Lake Ozette Ltd. ........................................ 118.95 Sockeye Salmon will be included on the All-Others .................................. 8.14 CD-ROM. Electronic copies of these documents are also available on-line via This notice constitutes the the NMFS’ website, www.nwr.noaa.gov/ countervailing duty order with respect Salmon-Recovery-Planning/Recoveryto citric acid from the PRC, pursuant to Domains/Puget-Sound/Lake-Ozettesection 706(a) of the Act. Interested Plan.cfm. parties may contact the Department’s Central Records Unit, Room 1117 of the FOR FURTHER INFORMATION CONTACT: Rosemary Furfey, NMFS Lake Ozette main Commerce Building, for copies of Salmon Recovery Coordinator at (503) an updated list of countervailing duty 231–2149, or Elizabeth Gaar, NMFS orders currently in effect. This order is issued and published in Salmon Recovery Division at (503) 230– accordance with section 706(a) of the 5434. Act and 19 CFR 351.211(b). SUPPLEMENTARY INFORMATION: Dated: May 26, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–12642 Filed 5–28–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XP36 Endangered and Threatened Species; Recovery Plans AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of Availability. SUMMARY: The National Marine Fisheries Service (NMFS) announces the adoption of its Endangered Species Act (ESA) Recovery Plan (Recovery Plan) for the Lake Ozette Sockeye Salmon (Oncorhynchus nerka) Evolutionarily Significant Unit (ESU). This Recovery Plan was prepared by NMFS’ Northwest Region and underwent public review. The final Recovery Plan for Lake Ozette Sockeye contains revisions and additions in consideration of public comments received on the draft Recovery Plan. ADDRESSES: Additional information about the Recovery Plan may be obtained by writing to Rosemary Furfey, National Marine Fisheries Service, 1201 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Background Recovery plans describe actions beneficial to the conservation and recovery of species listed under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.). The ESA requires that recovery plans, to the extent practicable, incorporate (1) objective, measurable criteria, which, when met, would result in a determination that the species is no longer threatened or endangered; (2) site-specific management actions that may be necessary to achieve the plan’s goals; and (3) estimates of the time required and costs to implement recovery actions. The ESA requires the development of recovery plans for listed species unless such a plan would not promote recovery of a particular species. NMFS’ goal is to restore endangered and threatened Pacific salmon ESUs and steelhead distinct population segments (DPSs) to the point that they are again self-sustaining members of their ecosystems and no longer need the protections of the ESA. NMFS believes it is critically important to base its recovery plans on the many state, regional, tribal, local, and private conservation efforts already underway throughout the region. Therefore, the agency supports and participates in locally led collaborative efforts to develop recovery plans, involving local communities, state, tribal, and Federal entities, and other stakeholders. As the lead ESA agency for listed salmon, NMFS is responsible for reviewing these locally produced recovery plans and E:\FR\FM\29MYN1.SGM 29MYN1

Agencies

[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Notices]
[Pages 25705-25706]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12642]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-938]


Citric Acid and Certain Citrate Salts From the People's Republic 
of China: Notice of Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission 
(``ITC''), the Department is issuing a countervailing duty order on 
citric acid and certain citrate salts (``citric acid'') from the 
People's Republic of China (``PRC''). On May 22, 2009, the ITC notified 
the Department of its affirmative determination of material injury to a 
U.S. industry. See Citric Acid and Certain Citrate Salts from Canada 
and China, USITC Pub. 4076, Investigation Nos. 701-TA-456 and 731-TA-
1151-1152 (Final) (May 2009).

DATES: Effective Date: May 29, 2009.

FOR FURTHER INFORMATION CONTACT: David Neubacher or Shelly Atkinson, 
AD/CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5823 and (202) 482-0116, respectively.

Background

    On April 13, 2009, the Department published its final determination 
in the countervailing duty investigation of citric acid from the PRC. 
See Citric Acid and Certain Citrate Salts From People's Republic of 
China: Final Affirmative Countervailing Duty Determination, 74 FR 16836 
(April 13, 2009).
    On May 22, 2009, the ITC notified the Department of its final 
determination pursuant to section 705(b)(1)(A)(i) of the Tariff Act of 
1930, as amended (``the Act''), that an industry in the United States 
is materially injured by reason of subsidized imports of subject 
merchandise from the PRC. See Citric Acid and Certain Citrate Salts 
from Canada and China, USITC Pub. 4076, Investigation Nos. 701-TA-456 
and 731-TA-1151-1152 (Final) (May 2009).

Scope of the Order

    The scope of this order includes all grades and granulation sizes 
of citric acid, sodium citrate, and potassium citrate in their 
unblended forms, whether dry or in solution, and regardless of 
packaging type. The scope also includes blends of citric acid, sodium 
citrate, and potassium citrate; as well as blends with other 
ingredients, such as sugar, where the unblended form(s) of citric acid, 
sodium citrate, and potassium citrate constitute 40 percent or more, by 
weight, of the blend. The scope of this order also includes all forms 
of crude calcium citrate, including dicalcium citrate monohydrate, and 
tricalcium citrate tetrahydrate, which are intermediate products in the 
production of citric acid, sodium citrate, and potassium citrate. The 
scope of this order does not include calcium citrate that satisfies the 
standards set forth in the United States Pharmacopeia and has been 
mixed with a functional excipient, such as dextrose or starch, where 
the excipient constitutes at least 2 percent, by weight, of the 
product. The scope of this order includes the hydrous and anhydrous 
forms of citric acid, the dihydrate and anhydrous forms of sodium 
citrate, otherwise known as citric acid sodium salt, and the 
monohydrate and monopotassium forms of potassium citrate. Sodium 
citrate also includes both trisodium citrate and monosodium citrate, 
which are also known as citric acid trisodium salt and citric acid 
monosodium salt, respectively. Citric acid and sodium citrate are 
classifiable under 2918.14.0000 and 2918.15.1000 of the Harmonized 
Tariff Schedule of the United States (``HTSUS''), respectively.

[[Page 25706]]

Potassium citrate and crude calcium citrate are classifiable under 
2918.15.5000 and 3824.90.9290 of the HTSUS, respectively. Blends that 
include citric acid, sodium citrate, and potassium citrate are 
classifiable under 3824.90.9290 of the HTSUS. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.

Countervailing Duty Order

    On May 22, 2009, in accordance with section 705(d) of the Act, the 
ITC notified the Department of its final determination that the 
industry in the United States producing citric acid is materially 
injured within the meaning of section 705(b)(1)(A)(i) of the Act by 
reason of subsidized imports of citric acid from the PRC.
    Therefore, countervailing duties will be assessed on all 
unliquidated entries of citric acid from the PRC entered, or withdrawn 
from warehouse, for consumption on or after September 19, 2008, the 
date on which the Department published its preliminary affirmative 
countervailing duty determination in the Federal Register,\1\ and 
before January 17, 2009, the date the Department instructed U.S. 
Customs and Border Protection (``CBP'') to discontinue the suspension 
of liquidation in accordance with section 703(d) of the Act. Section 
703(d) of the Act states that the suspension of liquidation pursuant to 
a preliminary determination may not remain in effect for more than four 
months. Therefore, entries of citric acid made on or after January 17, 
2009, and prior to the date of publication of the ITC's final 
determination in the Federal Register are not liable for the assessment 
of countervailing duties due to the Department's discontinuation, 
effective January 17, 2009, of the suspension of liquidation.
---------------------------------------------------------------------------

    \1\ See Citric Acid and Certain Citrate Salts From the People's 
Republic of China: Preliminary Affirmative Countervailing Duty 
Determination and Alignment of Final Countervailing Duty 
Determination With Final Antidumping Duty Determination, 73 FR 54367 
(September 19, 2008).
---------------------------------------------------------------------------

    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute the suspension of liquidation for citric acid 
from the PRC, effective the date of publication of the ITC's notice of 
final determination in the Federal Register and to assess, upon further 
advice by the Department pursuant to section 706(a)(1) of the Act, 
countervailing duties for each entry of the subject merchandise in an 
amount based on the net countervailable subsidy rates for the subject 
merchandise as noted below.

------------------------------------------------------------------------
                                                             Net subsidy
                   Exporter/Manufacturer                         rate
                                                              (percent)
------------------------------------------------------------------------
TTCA Co., Ltd. (a.k.a. Shandong TTCA Biochemistry Co.,             12.68
 Ltd.).....................................................
Yixing Union Biochemical Co., Ltd.; and Yixing Union                3.60
 Cogeneration Co., Ltd.....................................
Anhui BBCA Biochemical Co., Ltd............................       118.95
All-Others.................................................         8.14
------------------------------------------------------------------------

    This notice constitutes the countervailing duty order with respect 
to citric acid from the PRC, pursuant to section 706(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
Room 1117 of the main Commerce Building, for copies of an updated list 
of countervailing duty orders currently in effect.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: May 26, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-12642 Filed 5-28-09; 8:45 am]
BILLING CODE 3510-DS-P